Wilkinson v. United States Fidelity & Guaranty Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Ashland county: John IT. Parish, Circuit Judge. The respondent brought action against one W. F. Pleas, garnishing W. IT. Gilbert.
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Appeal from a judgment of tbe circuit court for Ashland county: John IT. Parish, Circuit Judge. The respondent brought action against one W. F. Pleas, garnishing W. IT. Gilbert. W. F. Pleas, as defendant in the action, applied to the court for an order for the release of the garnishment, under sec. 2771, Stats. 1898. The court ordered that an undertaking might be filed with the clerk to the effect that the sureties would pay on demand to the respondent, the amount of the judgment that might be recovered against W. F. Pleas, with all costs, not exceeding the sum of $4,000. The judgment debtor,…
1Opinion of the CourtSiebecKee, J.
The appellant asserts that the court erred in not requiring respondent to prove that the original judgment remained unpaid. The answer admits that judgment was recovered by the respondent in the original suit, wherein the undertaking sued on in this action was given as alleged in the complaint, but alleges no knowledge or information sufficient to form a belief “whether the same or any part thereof has been paid or not.” The allegation of the answer is not sufficient, to entitle appellant to the benefits of the plea of payment; it amounts to no more than a general denial, under which proof of…
2Cases cited8 opinions
- Dierolf v. WinterfieldWisconsin Supreme Court · 1869
- Billingsley v. HarrisWisconsin Supreme Court · 1891
- Meating v. Tigerton Lumber Co.Wisconsin Supreme Court · 1902
- Greengard v. FretzSupreme Court of Minnesota · 1896
- Thoen v. HarnstromWisconsin Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
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- O'Harrow v. PfutzenreuterSouth Dakota Supreme Court · 1927
- Thompson v. Royal Indemnity Co.Wisconsin Supreme Court · 1928
- J. R. Watkins Co. v. BeyerWisconsin Supreme Court · 1931
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